9911796707
TMI Blog2007 (8) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... order shall dispose of Company Petition Nos. 10 and 11 of 2007. Both these petitions have been filed by Manjit Singh Dhillon and Harmandeep Singh, the President and Secretary, respectively, of the Prehari Mutual Welfare Society (Registered), under section 446 of the Companies Act, 1956 (hereinafter referred to as "the Act") for stay of proceedings in the criminal complaints under section 138 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by Prehari Mutual Welfare Society (Registered), therefore, proceedings in those criminal complaints be stayed during the pendency of the aforesaid winding up petitions. 4. Counsel for the Official Liquidator submits that perusal of the criminal complaints annexed with the petitions shows that these complaints were filed in the month of July, 2004, for the dishonour of the cheques dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid factual position. However, he submits that the petitioners accepted the deposit from the respondents for act on behalf of Prehari group of companies under liquidation, therefore, the proceedings should be stayed. 6. After hearing counsel for the parties, I do not find any merit in these petitions. Section 446 of the Act only bars proceedings against the company where a winding up ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the company under liquidation. Even in these cases, the complaints were filed for the alleged offence, for which the cause of action arose in the year 2004, much before appointing of provisional liquidator in C. P. Nos. 43, 65, 167, 140 of 2004, 1 to 4 and 66 of 2005, which pertain to the winding up of the companies. Therefore, in my opinion, the criminal complaints initiated by the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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